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C v D

C v D 5 December 2007 Clarke MR, Longmore and Jacob LJJ Court of Appeal [2007] EWCA 1282 [2007] ArbLR 10 Arbitration agreement--Enforcement--Anti-suit injunction--Agreement to arbitrate in London--Parties' contract governed by New York law--Arbitrators issuing partial award--Whether party entitled to appeal in New York (no)-- Whether to grant anti-suit injunction (yes) Arbitration agreement--Enforcement--Costs--Anti-suit injunction--Place of arbitration London--Party intimating that it may commence proceedings in New York--Grant of anti-suit injunction--Whether to order costs on indemnity basis (no) Arbitration agreement--Interpretation--Applicable law--Bermuda form subject to New York law--Agreement to London as place of arbitration--Whether arbitration agreement governed by New York law (no) Arbitration award--Challenge--Confidentiality--Whether grounds for private hearing or anonymity of judgment (no) Intent to appeal in the United States contrary to agreement to arbitrate in London D, a company incorporated in the United States, issued an insurance policy to C, another US corporation, on Bermuda Form against `all sums which the Insured shall be obligated to pay by reason of liability imposed upon the Insured by law or assumed under contract or agreement by the Insured for damages on account of personal injury resulting from an occurrence'. The policy ran from 1 November 1997 to 1 November 2000. It was governed by New http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

C v D

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

C v D

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

Abstract

5 December 2007 Clarke MR, Longmore and Jacob LJJ Court of Appeal [2007] EWCA 1282 [2007] ArbLR 10 Arbitration agreement--Enforcement--Anti-suit injunction--Agreement to arbitrate in London--Parties' contract governed by New York law--Arbitrators issuing partial award--Whether party entitled to appeal in New York (no)-- Whether to grant anti-suit injunction (yes) Arbitration agreement--Enforcement--Costs--Anti-suit injunction--Place of arbitration London--Party intimating that it may commence proceedings in New York--Grant of anti-suit injunction--Whether to order costs on indemnity basis (no) Arbitration agreement--Interpretation--Applicable law--Bermuda form subject to New York law--Agreement to London as place of arbitration--Whether arbitration agreement governed by New York law (no) Arbitration award--Challenge--Confidentiality--Whether grounds for private hearing or anonymity of judgment (no) Intent to appeal in the United States contrary to agreement to arbitrate in London D, a company incorporated in the United States, issued an insurance policy to C, another US corporation, on Bermuda Form against `all sums which the Insured shall be obligated to pay by reason of liability imposed upon the Insured by law or assumed under contract or agreement by the Insured for damages on account of personal injury resulting from an occurrence'. The policy ran from 1 November 1997 to 1 November 2000. It was governed by New

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2012
Subject
Judgements
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2007.1.117
Publisher site
See Article on Publisher Site

Abstract

5 December 2007 Clarke MR, Longmore and Jacob LJJ Court of Appeal [2007] EWCA 1282 [2007] ArbLR 10 Arbitration agreement--Enforcement--Anti-suit injunction--Agreement to arbitrate in London--Parties' contract governed by New York law--Arbitrators issuing partial award--Whether party entitled to appeal in New York (no)-- Whether to grant anti-suit injunction (yes) Arbitration agreement--Enforcement--Costs--Anti-suit injunction--Place of arbitration London--Party intimating that it may commence proceedings in New York--Grant of anti-suit injunction--Whether to order costs on indemnity basis (no) Arbitration agreement--Interpretation--Applicable law--Bermuda form subject to New York law--Agreement to London as place of arbitration--Whether arbitration agreement governed by New York law (no) Arbitration award--Challenge--Confidentiality--Whether grounds for private hearing or anonymity of judgment (no) Intent to appeal in the United States contrary to agreement to arbitrate in London D, a company incorporated in the United States, issued an insurance policy to C, another US corporation, on Bermuda Form against `all sums which the Insured shall be obligated to pay by reason of liability imposed upon the Insured by law or assumed under contract or agreement by the Insured for damages on account of personal injury resulting from an occurrence'. The policy ran from 1 November 1997 to 1 November 2000. It was governed by New

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2007

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